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§ 152.275  FOUNDATION PLANTINGS.
   (A)   Minimum standards. For all portions of buildings that are adjacent to motor vehicle use areas or internal driveways, foundation plantings shall be required and located between the building’s facades and the parking or drive isle curb. The minimum standards are required; however, it is encouraged that sites exceed the minimum whenever possible. The following minimum standards shall apply.
      (1)   The area of the building facade adjacent to the parking area or internal drive isle shall be computed and multiplied by a minimum of 20%. The resultant total square footage shall be planted as landscaped areas containing a minimum of one evergreen shrub per 20 square feet of planting area and one small flowering tree per 100 square feet of planting area.
      (2)   Each shrub planted shall be a minimum of 18 inches in height at the time of installation and reach a minimum height of 36 inches within three years of installation. Shrubs must be native species retains foliage to within six inches above ground level.
      (3)   Each tree planted to satisfy this subchapter shall be a minimum of two DBH at the time of installation.
   (B)   Exemptions. The following areas shall be exempted from the requirements of this section:
      (1)   Along the portions of buildings which contain drive-thru services (such examples would include, but not be limited to, pharmacies, banks, fast food restaurants and dry cleaners);
      (2)   On the rear side of a building when less than 10% of the total required parking is located in the rear of the building and the rear is not adjacent to any public right-of-way or interior driveway used by customers; and
      (3)   Along portions of buildings within the Central Business District (CB) which are constructed within two feet of a lot line.
(Ord. passed 3-5-2018)  Penalty, see § 152.999
§ 152.276  BUFFERS.
   (A)   Applicability.
      (1)   A landscape buffer area is required when any use in a commercial or office industrial or industrial district is adjacent to any agricultural and residential districts. Additionally, any principal non-residential and non-agricultural use permitted in the agricultural and residential zoning districts is subject to buffering requirements when adjacent to properties within the same districts.
      (2)   A buffer area is not required if the qualifying adjacent zoning districts are separated by a public right-of-way.
      (3)   A buffer area shall be required even when the adjacent agricultural and residential zoned property is undeveloped.
   (B)   Design and placement.
      (1)   The buffer area shall abut the applicable property line and plantings shall fall within the required buffer area width.
      (2)   Buildings, structures and parking lots may not encroach into the buffer area. Areas of ingress/egress may cross the required buffer areas perpendicularly.
      (3)   Storm water management measures, such as areas for infiltration or retention, may be located in the buffer area; provided, the planting requirements in the table below can still be met.
      (4)   Buffers may be used for passive recreation, such as pedestrian, bicycle or equestrian trails, as long as no plant material is eliminated, and the total width of the buffer shall be maintained.
      (5)   Required buffer plantings shall not be installed on cut or fill slopes with slope ratios greater than two to one (2:1). Where buffers include any part of a cut slope greater than ten feet in height, grading for such cut slope shall not encroach closer than ten feet to the property line.
      (6)   Plantings may be arranged formally or informally for a more natural effect.
   (C)   Buffer requirements. Buffer area types applicable to the following zoning districts are indicated in the table below.
 
District
Buffer Type
Min. Width
Min. Planting Required per 50 Linear Ft.
AG, R-3, R-10 and R-15
I
10 ft.
1 tree, 4 primary evergreen plants, 5 supplemental evergreen shrubs
OI and GC
II
15 ft.
1 tree, 5 primary evergreen plants, 10 supplemental evergreen shrubs
Industrial
III
20 ft.
2 trees, 8 primary evergreen plants, 10 supplemental evergreen shrubs
 
      (1)   If any conflict exists between the buffer requirements as identified in this section and any use standards or zoning district regulations contained in other sections of this chapter, the buffer requirements in the other section shall apply.
      (2)   (a)   Only trees which have mature heights exceeding 25 feet may be used for required buffer plantings.
         (b)   All trees used for buffer screening must be a minimum of two DBH at installation.
         (c)   All primary evergreen plants shall be a minimum of six feet in height at time of installation unless combined with an approved earthen berm, and shall be not less than ten feet in height at maturity.
         (d)   All supplemental evergreen shrubs shall be a minimum of 18 inches in height at installation and shall attain a minimum height of 36 inches three years after installation.
   (D)   Buffer alternatives.
      (1)   Berms may be constructed in a buffer area to supplement landscaping. Minimum landscaping requirements shall be reduced by 50% where a berm at least three feet in height is constructed for at least 85% of the length of the buffer area. The minimum buffer width shall be maintained.
      (2)   A privacy fence may be used to supplement landscaping. For the linear footage, a privacy fence is used, the minimum landscaping requirement shall be reduced by 75%. Minimum buffer width shall be maintained. To qualify for the reduction, privacy fences must meet the following requirements:
         (a)   Height: six-foot minimum;
         (b)   Placement: at least five feet from the property line; and
         (c)   Opacity: gaps between pickets must be no greater than one-half of an inch.
      (3)   Where the distance between the building, parking area or use is more than 200 feet from a side or rear lot line, the minimum landscaping requirement along that lot line may be reduced by 50%.
(Ord. passed 3-5-2018)  Penalty, see § 152.999
§ 152.277  RIPARIAN BUFFERS.
   These standards are designed to regulate impervious surface cover in riparian areas in order to promote public health, safety and general welfare by protection of water quality through the control of non-point source pollution within riparian protection areas.
   (A)   Applicability. These standards shall apply to all development activity within the jurisdiction of this chapter which is located adjacent to a perennial or intermittent stream as depicted on the most recent version of the U.S. Geological Survey 1:24,000 (7.5 minute) map or U.S. Department of Agriculture Soil Survey map covering the area in question.
   (B)   Exemption. When a perennial or intermittent stream is shown on the most recent version of the U.S. Geological Survey 1:24,000 (7.5 minute) map or U.S. Department of Agriculture Soil Survey map covering the area in question, but no watercourse exists, the property owner or developer may seek administrative relief from the requirements this section by submitting site specific evidence that no watercourse exists.
   (C)   Buffer requirements. Riparian buffers shall be established and maintained according to the following specifications.
      (1)   Low-density development. When property adjacent to a regulated watercourse is developed with less than 24% impervious surface area, the following standards shall apply.
         (a)   Property adjacent to perennial streams. A 30-foot riparian buffer, as measured landward from the top of the stream bank shall be established. Within the first 15 feet of the top of the bank, no disturbance of the existing vegetation is allowed. The remaining width of the buffer area must remain free of impervious surfaces.
         (b)   Property adjacent to intermittent streams. A 20-foot riparian buffer, as measured landward from the top of the stream bank, shall be established. Within the first ten feet of the top of the bank, no disturbance of the existing vegetation is allowed. The remaining width of the buffer area must remain free of impervious surfaces.
      (2)   High density development. When property adjacent to a regulated watercourse is developed with greater than 24% impervious surface area the following standards shall apply.
         (a)   Property adjacent to perennial streams. A 50-foot riparian buffer, as measured landward from the top of the stream bank, shall be established. Within the first 30 feet of the top of the bank, no disturbance of the existing vegetation is allowed. The remaining width of the buffer area must remain free of impervious surfaces.
         (b)   Property adjacent to intermittent streams. A 30-foot riparian buffer, as measured landward from the top of the stream bank shall be established. Within the first 20 feet of the top of the bank, no disturbance of the existing vegetation is allowed. The remaining width of the buffer area must remain free of impervious surfaces.
(Ord. passed 3-5-2018)  Penalty, see § 152.999
§ 152.278  SCREENING.
   Screening shall be required in order to conceal specific areas of high visual impact from both on-site and off-site views. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts or other proximate landscaping material.
   (A)   Items to be screened. The following areas shall be screened:
      (1)   Outdoor trash storage (including recycling containers);
      (2)   Loading and service areas;
      (3)   Outdoor storage areas (including storage tanks); and
      (4)   Ground level mechanical equipment and utility meters.
   (B)   Screening methods.
      (1)   Vegetative material. Planting materials meeting the standards for a Type III buffer.
      (2)   Berms. Earthen berms shall measure at least two feet in height. Berms shall be covered with grass and shall be planted with other landscaping materials consistent with the requirements for a Type III buffer.
      (3)   Fencing. An opaque wooden fence, or a plastic, or vinyl designed fence that is configured to appear as an opaque wooden fence, measuring at least six feet in height, but not exceeding eight feet in height, that is consistent with the standards in §§ 152.215 through 152.221 of this chapter. When wood is utilized, only treated wood or rot-resistant wood, such as cypress or redwood, shall be used. Chain link, barbed wire, stock wire, hog wire, chicken wire and similar type fences are not permitted.
(Ord. passed 3-5-2018)  Penalty, see § 152.999
MONUMENTAL TREE PRESERVATION
§ 152.290  PURPOSE.
   It is the purpose of this subchapter to:
   (A)   Promote the aesthetic quality of new development by preserving existing trees;
   (B)   Preserve trees that contribute to the historic character of the town;
   (C)   Prevent the wholesale clearing of land for development; and
   (D)   Preserve and protect property values.
(Ord. passed 3-5-2018)
§ 152.291  APPLICABILITY.
   These regulations shall apply to all land development activities within the town with the exception of those activities specifically exempted by § 152.292 of this chapter.
(Ord. passed 3-5-2018)
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